Differing Site Conditions:
The Big Game of Shifting Risk
Marilyn Klinger & Kevin Gilliland
Learn best practices for proceeding work under differing site conditions to avoid claims and costly disputes.
Differing site conditions are frequent sources of disputes between owners and contractors. Many contractors proceed with work under changed conditions with the misconception that conditions at the site, which they neither expected nor included in their bids, automatically constitute extras and should be addressed as such. Unfortunately, this assumption can lead to costly disputes between the parties of a construction project.
This presentation discusses the various scenarios involving differing site condition claims and how the construction industry deals with those claims, both via contract and in the courts. You will be more prepared to identify those situations where differing site condition claims might arise and understand what the parties’ various rights and remedies might be.
Quite good - what I had expected - examples are always great to make the point.
David K Berry, PE
Professional Engineers, Inc.
It was very good.
It was informative and it will help our company know when it should request DSC claims. Also that we need to make sure that our practices are reasonable.
This program will help you:
- Understand the kinds of differing site condition claims that are encountered, such as rock or soil conditions, interfering utilities, or severe weather conditions
- Distinguish the two types of differing site conditions
- Take advantage of contractual provisions for dealing with differing site conditions
- Understand certain seminal judicial decisions and how they can affect you
- And much, much more!
Listen to this informative session to learn differing site condition claims and how the construction industry deals with them, to steer your project to success!
Who Will Benefit?
This presentation is a must if you’re a public or private owner, construction manager, contractor, subcontractor, consultant, architect, engineer or attorney.
This event features key insights from our knowledgeable construction experts:
Marilyn is located in the Los Angeles office of Sedgwick, and is involved in all aspects of construction law on a state and national level. She represents the full spectrum of the construction industry, from owners, contractors, subcontractors, and sureties. Her practice includes time-related claims and litigation (e.g., delay/impact), legal advice and counsel regarding the contracting process (e.g., bidding and contract disputes/performance bond claims), payment enforcement/defense (e.g. payment bonds/ mechanic’s liens/ stop payment notices), administrative and scope claims and litigation (e.g., differing site conditions, change and extra work orders/ inadequate plans and specifications, and subcontractor substitutions), and counseling and transactional services to the construction industry (e.g., general advice and counsel, including contract preparation, evaluation, and negotiation).
Kevin Gilliland is an associate in Sedgwick’s Los Angeles office with experience in construction and commercial litigation. Because of his prior work experience in the construction industry, he has an in-depth understanding of construction contracts, project management, remedying construction defects, and preparing and negotiating change orders. Mr. Gilliland is also familiar with estimating and submitting bid proposals for projects in the public and private sectors. In addition to construction law, Mr. Gilliland has experience in intellectual property and entertainment law, as well as employment and constitutional law.
Mr. Gilliland’s practice includes all aspects of civil litigation at the trial level. He represents clients in state and federal courts, mediations, and arbitrations. Mr. Gilliland specializes in litigating domestic and international multi-party construction disputes, as well as drafting contracts for sophisticated construction projects. He also counsels contractors, owners, and sureties on various legal issues arising during the building process.